Panel OKs death penalty for repeat child sex offenders

Senate panel OKs death penalty for repeat child sex offenders

Published 5:30 am, Wednesday, March 14, 2007

AUSTIN — A Senate panel approved a bill allowing the death penalty for repeat child sex offenders Tuesday but said major work remains on the proposal.

Senate Bill 5, the "Jessica's Law" urged by Lt. Gov. David Dewhurst, now advances to the full Senate. The law is named for Jessica Lunsford of Florida, a 9-year-old girl who was abducted, raped and killed.

Texas Attorney General Greg Abbott joined Dewhurst at the hearing in supporting the bill, which calls for a minimum 25-year sentence for violent child sex offenses and life without parole or death for second offenses.

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Abbott brushed off concerns that the U.S. Supreme Court might find the death penalty unconstitutional for crimes that do not end in death.

Noting that the court barred the death penalty in a rape case 30 years ago, Abbott said he sees a "greater chance" the high court may allow the death penalty for repeat, felony sexual assault against children.

"I would proudly and personally go up to the United States Supreme Court and defend the constitutionality of this case, this legislation, which I think is the right legislation for the state of Texas,"said Abbott.

He also termed "ludicrous" the notion that a sex offender who rapes a child would kill the child in order to keep him or her from testifying in a capital trial.

"They're just not operating in that frame of mind," he said.

Committee Chairman Sen. John Whitmire, D-Houston, agreed to the vote on the condition the bill by Sen. Bob Deuell, R-Greenville, will undergo major revisions before reaching the Senate floor.

One provision that Deuell said will likely be added is a new offense called "ongoing sexual assault" of a child or children, which prosecutors support.

A bill by Sen. Florence Shapiro, R-Plano, addressing that issue will be heard by the committee next week, Whitmire said.

Prosecutors and others who testified against the measure fear that families will be reluctant to turn in friends or relatives, who reportedly commit nine out of 10 sexual offenses against children.